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What Is Mahr in Jordanian Law: Types and When It Is Due

Definition of mahr in Jordanian law, its categories (prompt/deferred, specified/equivalent), the wife's entitlement, and judicial claim

Based on official Jordanian law — Personal Status Law No. 15 of 2019
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  • Cites Personal Status Law No. 15 of 2019

Answer

Based on official Jordanian legal texts

In Jordanian law, dowry is addressed under the Personal Status Law. According to Article 39 (المادة 39) of the Personal Status Law, there are two types of dowry:

  1. Specified Dowry (مهر مسمى): This is the dowry amount agreed upon by both parties at the time of the marriage contract, regardless of whether it is a small or large amount.

  2. Equivalent Dowry (مهر المثل): This is determined based on the dowry of women similar to the bride from her paternal relatives. If there are no such relatives, it is based on women from her community or town.

Furthermore, Article 46 (المادة 46) outlines the rules if the dowry is not specified in the marriage contract, or if it is agreed that there will be no dowry, or if the specified dowry is invalid, or if there is a dispute over the dowry amount that cannot be resolved:

  • If consummation of the marriage or valid seclusion occurs, the wife is entitled to the equivalent dowry, provided it does not exceed the amount claimed by the wife or fall below the amount claimed by the husband.
  • If the marriage is not consummated or valid seclusion does not occur and a divorce takes place, the wife is entitled to half of the equivalent dowry.

For official legal advice, it is recommended to consult a qualified lawyer.

Frequently Asked Questions

When is the wife entitled to the full mahr?
She is entitled to the full mahr by actual consummation, valid seclusion (khalwa) per the recognized doctrine, or the husband's death before consummation. In divorce before consummation she gets half if specified.
What if mahr was not specified in the contract?
Equivalent mahr applies, determined based on the wife's peers among her father's relatives or her town. The judge assesses it in disputes by evidence.
May mahr be waived?
Yes by the wife, but under conditions: express documented waiver, free will without coercion, and awareness of consequences. Verbal waiver has no value; retraction is possible in coercion or fraud cases.

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